Welfare Reform and Work Bill

Graham Stuart Excerpts

Tuesday 27th October 2015 Commons Chamber

[Debbie Abrahams]

I am not going to give way anymore, as I am conscious of the time.

These cuts are punitive and wrong. They fly in the face of the Conservative party’s pledge to protect disabled people’s benefits. With this cut to ESA WRAG support, without putting in place anything to replace it, the Government are condemning more disabled people and their families to live in poverty. I predict that more tragedies will happen. I will be pushing our proposals to a vote and urge all Members to do the right thing by supporting the removal of clauses 13 and 14 from the Bill.

New clause 4 requires that the Government undertake a full independent review of their sanctions regime by 31 March 2016. It is with considerable regret that, after the Work and Pensions Committee’s report earlier this year, which also recommended an independent review of benefit conditionality and sanctions, the Government have failed to recognise the real concerns about their new sanctions regime, either in response to what was said in the Bill Committee or to that report.

I have been campaigning for an independent review of sanctions for nearly two years, and in that time constituents have come to me with their stories about how they have been sanctioned. One constituent was told while he was undergoing the work capability assessment that he was having a heart attack and should go to hospital, yet two weeks later he received a letter to say that he had been sanctioned. People up and down the country have also got in touch with their stories of how they have been sanctioned, for example, for being a few minutes late for an appointment with an adviser or work coach. Increasingly, people are being sanctioned unreasonably, for example, because they had attended their mother’s funeral, been hospitalised or gone to a job interview—this is absurd.

There was another category of reasons for being sanctioned. I still have the email from a constituent who had received a letter saying he had been sanctioned for non-attendance at a meeting with his adviser at the jobcentre, even though he had evidence that he had been there. The penny dropped when another constituent, who had worked in jobcentres across Greater Manchester for 20 years, came to me to tell me that as part of the new sanctions regime introduced at the end of 2012, the DWP had targets for sanctions. As he described it, claimants were being deliberately set up to fail, whether they had done anything wrong or not.

The Work and Pensions Committee also became concerned while conducting an inquiry in 2013 on “The role of Jobcentre Plus in the reformed welfare system”. At that stage, it recommended the following:

“DWP should launch a second, broader, independent review of conditionality and sanctions, to include investigation of whether the process is being applied appropriately, fairly, proportionately and in accordance with the rules, across the Jobcentre network.”

[Graham Stuart (Beverley and Holderness) (Con)]

I am concerned about the issue the hon. Lady raised about targets for sanctions, as this is a serious allegation to make and it is a serious issue. It is possible to meet people from all sorts of walks of life who through their profession may have some professional insight, but their word alone is not enough to suggest that something is true—one does need verification from elsewhere. Can she substantiate her point? What did she find out that would make us believe it is true?

[Debbie Abrahams]

The hon. Gentleman makes my point for me: that is why we need the independent review. There was enough evidence to leave real concerns about this matter. The Select Committee thought that the Minister had agreed to a review, but as paragraph 100 of the report states, unfortunately he reneged on that promise. In addition to these serious ethical issues, there were, and still are, concerns about a number of people affected, particularly in the case of ESA claimants, and about the meteoric rise in the use of sanctions.

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[Debbie Abrahams]

My hon. Friend makes a valid point. The Select Committee reported on the fact that there are targets for off-flow, which means getting people off the books. Those in themselves are targets. [Interruption.]

[Graham Stuart]

That has nothing to do with sanctions.

[Debbie Abrahams]

Well, I will move on to that shortly and show exactly why we believe that is happening.

In addition to those serious ethical issues, we have also seen a meteoric rise in the use of sanctions. ESA sanctions increased from 60,363 between June 2010 and October 2012 to 245,679 between November 2012 and March 2015, which corresponds with the introduction of the new sanctions regime. As I have said, people on ESA are disabled or have serious health conditions.

The new sanctions regime is also particularly punitive. People are without financial support not just for a week or two, because the minimum sanction is now four weeks. Subsequent misdemeanours can mean up to three years of sanctions, whereas previously the maximum was six months. That has particularly affected young people, disabled people and lone parents. In addition, during 2013-14 it became clear that although no other benefits, such as housing benefit, were meant to be affected, in some cases housing benefit was automatically being stopped. The obvious implication is that families will be getting into debt as a result.

The fact that since January 2014, on average, nearly half of ESA sanctions have been overturned on appeal surely confirms that there are issues with sanctions policy and practice. The Work and Pensions Committee published its report in March this year, revealing even greater concerns about the inappropriate use of sanctions, their ineffectiveness in getting people into work and the impact on the health and wellbeing of claimants.

The Select Committee received evidence that sanctions were being driven by targets to get claimants off-flow in a way that distorted the JSA claimant count. A team from Oxford analysed data from 376 local authority areas and found that 43% of JSA sanctioned claimants left JSA and that 80% did so for reasons other than employment. In July, the Social Security Advisory Committee also raised concerns about the effectiveness of the sanctions regime in getting people into good quality jobs, and called for better evidence to underpin sanctions policy.

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[Debbie Abrahams]

Absolutely.

Similarly, there are concerns about the impact of the benefit cap on disabled people, who already face extra costs associated with their disability, as I mentioned earlier. It is estimated that 150,000 adults and 395,000 children will be affected by the reduction in the cap. We believe that, in conjunction with the freeze in local housing allowance, cuts in social housing rents and a lack of affordable homes, the lower cap also risks exacerbating the housing crisis. The Government’s own impact assessment concedes that rent arrears, evictions and homelessness will increase as a result of the lower cap. We believe that further reductions in the benefit cap in London and elsewhere risk pushing tens of thousands of children, families and disabled people into poverty. We are the sixth wealthiest country in the world. It is not right that the Government are seeking to secure the recovery on the backs of the working poor, their children and disabled people. I hope they will think again.

[Graham Stuart]

I, too, would like to congratulate the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) on her new position.

I want to speak narrowly to new clause 3, tabled by the hon. Member for Sheffield Central (Paul Blomfield). The new clause would amend the regulations that currently mean that a claimant who is moved from the old disability living allowance system to the new personal independence payment award must wait 28 days after a decision before receiving the new benefit. Those regulations allow a claimant who is moving to a lower award to adjust to their new financial circumstances by receiving the old award for a period of time, which is extremely welcome.

The unintended consequence of the regulations, however, has been that some of the most disabled and vulnerable people in our society, including those who are terminally ill, are being forced to wait almost a month, and sometimes longer, to receive the extra money they need to meet the costs resulting from their illness. That situation most commonly affects individuals who have become entitled to additional money through PIP because their diagnosis has become terminal.

I am grateful to Macmillan Cancer Care for the work that it has done in this area. Let us imagine a cancer patient, who is already receiving some support under the old DLA system because of their illness, and who receives a terminal diagnosis. They inform the Department for Work and Pensions about this, and the Department makes a decision about their eligibility for additional financial support as a result of their terminal diagnosis. I am pleased to say that that decision should be made within six days—a target timescale that was introduced precisely in recognition of the fact that those who are terminally ill are in particular need of timely assistance.

[Jo Churchill (Bury St Edmunds) (Con)]

I, too, have seen the Minister to push this point, to ensure that the vulnerable—particularly the terminally ill—do not fall through the cracks as they transition from the DLA to PIP. I thank the Minister for listening, and I look forward to receiving confirmation of how we are going to ensure speedy payments and minimum waits for that group, as I have been assured will happen, so that those people can get their funds in advance. All these things help, and it is not right that they should have to wait. I am grateful for being listened to.

[Graham Stuart]

I am grateful to my hon. Friend for her intervention, in which she has succinctly made my entire speech for me. She sets an example to all of us in how to convey an argument as briefly as possible.

If a decision is made within six days—which is a good thing—why must an individual then wait 28 days to receive the additional financial support that it has already been decided they should get? That financial support could help them meet the costs of the sudden onset of daily living needs or mobility needs that can accompany a terminal diagnosis. There are examples of people missing out on, in some cases, hundreds of pounds. People miss out not only on the additional money through PIP, but on other financial support such as free car tax, premiums in means-tested benefits and other passported benefits, because eligibility for those benefits kicks in only when the additional PIP starts to be paid. It cannot be right that an individual who has a life expectancy of less than six months is being forced to wait a minimum of 28 days—perhaps one sixth of their life expectancy—for vital financial support on which they depend.

At the heart of this Government’s welfare reform programme is a commitment to protecting the most vulnerable people in our society. The context of today’s debate, given the tough financial decisions that are having to be made, is one of a transformation in the work opportunities, employment chances and life chances of so many people across our society, so that they can try to escape the labyrinthine mess that was left behind by the former Labour Prime Minister and Chancellor. That is what we are trying to do—create a society in which everyone, including the disabled, can be looked after properly. That is why I believe it is entirely in the spirit of these reforms to amend the current regulations so that anyone who transfers from DLA to PIP due to a terminal diagnosis is paid the additional support promptly and does not have to wait 28 days. It is not a large group, but it is a group of some of the most disabled and vulnerable individuals in our society.

[Jo Churchill]

rose—

[Graham Stuart]

My hon. Friend wants to give whatever remains of the argument in my speech, and I give way to her again.

[Jo Churchill]

I thank my hon. Friend. During the conversations to which I referred, I received confirmation that no one would lose those four weeks’ money, and that following the decision to award PIP new claimants would have their claim backdated, so I look forward to confirmation of such positive news.

[Graham Stuart]

My hon. Friend really does keep stealing my punches, because I too have met the Under-Secretary of State for Disabled People, and he was most sympathetic in listening to these arguments. There are technical issues that are going to be dealt with, but I will return to that.

The positive impact of such a change on the individuals who are currently affected by the rule would be immense. It would that ensure people could afford the support they need in the final few months of their lives. In Committee, the Government suggested that changing the regulation could mean that a case manager would not have sufficient time to consider the case. I do not follow that argument, because the 28-day rule applies once a decision has already been made, so it should not have an impact on the time taken to decide on a case.

Having spoken to the Minister, I know that he is listening to the concerns raised by my hon. Friend the Member for Bury St Edmunds (Jo Churchill), myself and others across the House, and I hope we will get a positive response so that terminally ill people who are to see an increase in their financial support can receive it as soon as possible.

[Richard Graham]

Surely the point my hon. Friend raises and the Government’s response on some of these issues—which are sensitive, as other hon. Members have rightly said—indicate that the Government do care about this category of our constituents and are reacting and making changes that will help them, and totally give the lie to some of the irresponsible comments from the Opposition Front Benchers.

[Graham Stuart]

I would hesitate to give advice to any Member as to how they should conduct themselves, but this is an emotive area and these decisions affect vulnerable people. A balance has to be struck between fiscal responsibility, looking after the most vulnerable and changing the incentives so that we get people aligned with the best opportunity in the long term as well as the short term. These are sensitive issues, and I agree with my hon. Friend about the hon. Member for Oldham East and Saddleworth referring to the Government demonising the disabled and the poor in a way that she did not substantiate at all. One mention in an autumn statement two or three years ago of the fact that some people abused the system is not an effort to demonise the poor and disabled, and suggesting that undermines the other arguments—and there are strong arguments to be made in this area and questions that need to be asked about the Government’s programme.

The decisions being made are not easy, and they will not all be right, but trying to smear the whole Government Front-Bench team loses people rather than wins them over. I do not think the hon. Lady needs to do that in order to make a powerful case and have a strong hearing outside this place; if what she says looks like partisan point scoring and personal vilification, it will undermine the arguments she is trying to pursue and champion.

I am delighted that the Minister is listening. I hope and expect—as I know all my hon. Friends and Opposition Members do—that we will find a solution to this technical challenge and make sure it is delivered as quickly as possible, so that the terminally ill get the money they are due as quickly as possible.

[Dr Eilidh Whiteford]

I shall speak to the amendments in this group in my name and the names of my party colleagues, namely new clauses 9, 10, 11 and 12, amendments 35 to 48, 56, 20 and 57 to 65, and new clause 7, on which I will open my remarks.

New clause 7, along with amendments 35 to 48, is intended to amend the parts of the Bill relating to the benefit cap. Amendments 35, 36 and 37 would maintain the cap at its current rate, while amendments 38 to 48 would mitigate the differential impact of the Government’s proposals on specific groups of claimants by exempting from the benefit cap bereavement allowance, carer’s allowance, child benefit, child tax credit, guardian’s allowance, maternity allowance, severe disablement allowance and widowed parent’s allowance.

The bottom line, and the key point to be made today, is that many of the provisions in this part of the Bill are entirely arbitrary and have no robust evidence to support them. By proposing an arbitrary benefits cap, the Government fail to acknowledge the underlying drivers of benefits increases. They fail to acknowledge, for example, how soaring private sector rents in parts of the UK with astronomical house prices and chronic under-supply of affordable housing push up the cost of housing benefit—money that usually goes straight into the pockets of private landlords, often without even passing through the hands of tenants. But I recognise that that is not the only driver, and in the absence of proper analysis, setting the benefits cap at an arbitrary level is possibly the worst example of policy making on the back of a fag packet that I have seen in this place for quite some time. Although I support the Labour amendment that would force the Secretary of State to review the impact of the lower cap more regularly, I would prefer to see this very weak piece of policy making removed completely from the Bill.

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[Helen Whately]

It was pointed out in Committee that people who receive benefits also pay tax. I do not think we should try to parcel people up in different tribes or groups. This is about getting the right thing for the country, trying to help everybody make the most of their opportunities and making work pay.

I have certainly had difficult conversations on the doorsteps in my constituency, because the majority of employees in Faversham and Mid Kent are paid less than £20,000 per annum. At its current level the benefits cap has been working. More than 16,000 capped households have moved into work, and households subject to the cap are 41% more likely to get into work. We know that work is the best way out of poverty and I believe that everyone in this House wants to see people move out of poverty. We should make the benefits cap work harder. That is what this is about.

[Graham Stuart]

It is shocking that Opposition Members find themselves unable to talk about the jobs miracle of the past five years. We have created more jobs in this country than the rest of Europe combined. That is the dignity that people want. What we did not need was people who were on 16 hours a week and disincentivised from taking on any extra work because they would lose out if they did so. That is the mess that Labour left behind and we are disentangling it so that we can create a fairer society for everybody.

[Helen Whately]

I thank my hon. Friend for making his point so forcefully.

I will move on to the proposed amendments to clause 13. The Bill Committee heard evidence of the damage that a long period or a life on welfare can do to people. Our witnesses talked about people who had been out of work for a long time having their confidence destroyed, and about how they begin to feel that they are not capable of changing their lives. We were also told that 61% of people in the work-related activity group want to work, yet only 1% come off that benefit each month. I am sure that many of us know of people who find it difficult to get into work for all sorts of reasons, such as mental health problems, and need extra help to do so. The current system is not working well enough. Not only does clause 13 remove financial disincentives, but, critically, and hand in hand with that, the Government have committed new funding to help that group of people into work, which is a response to what they really want.